On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued its landmark Advisory Opinion (AO) on the protection of the marine environment from pollution caused by climate change. The Opinion is a groundbreaking first in international law — clarifying the legal obligations of States to address climate change as a crisis at the intersection of two critical global commons: the ocean and the atmosphere. ITLOS clearly stated that greenhouse gas emissions pollute the marine environment and States must take all necessary measures to prevent, reduce, and control them.
This opinion is the first of three international advisory opinion processes on States’ responsibilities to confront the climate crisis. This opinion sets the floor — not the ceiling — for future decisions on climate and international legal duties; as the first advisory opinion, the ITLOS Opinion has the potential to shape the forthcoming ones as well.
In light of the above, today, together withClientEarth, the Pacific Islands Students Fighting Climate Change (PISFCC), and WYCJ we published key takeaways from the ITLOS AO, which could – and should – be taken into consideration in the climate advisory proceeding before the International Court of Justice.
Published on July 8th, 2024